[2025:RJ-JP:50855] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7362/2025 Jagdish Narayan Gunsariya S/o Late Sh. Chunilal, Aged About 59 Years, R/o Village Gangvada, Post Kolada, Panchayat Torda, Teh. Boli, Distt. Sawai Madhopur (Raj.) Sarpanch Gram Panchayat Torda, Teh. Boli, Distt. Sawai Madhopur (Raj.). ----Accused-Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. ------Respondent 2. Rajendra Dehran S/o Sh. Govindram, R/o 31, Moti Nagar, Jhotwara, Jaipur (Raj). ----Complainant-Respondent For Petitioner(s) : Mr. Brahma Prakash, Adv. For Respondent(s) : Mr. M.S. Shekhawat, PP with Mr. Gaurav Gupta, Asstt.G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/12/2025 1. By way of this instant criminal misc. petition under Section 528 of BNSS, 2023, the petitioner has challenged the order dated 06.11.2024 passed by learned Special Judicial Magistrate (N.I. Act Cases) No.4, Jaipur Metropolitan-I, Jaipur in Criminal Case No.81/2018 whereby, learned trial Court dismissed the application filed by the petitioner under Section 311 Cr.P.C. for calling of witness i.e. complainant Rajendra Dehran for his cross- examination. 2. Learned counsel for the petitioner submits that for just decision of the case, the cross-examination of the said witness is very essential and if prayer of the petitioner is not accepted and [2025:RJ-JP:50855] (2 of 3) [CRLMP-7362/2025] cross-examination of the said witness is not allowed to be conducted, the petitioner would not be able to defend his case properly and serious prejudice would be caused to him. He therefore, prays that in the interest of justice, the petitioner may be given one opportunity to cross-examine the said witness. 3. Per contra, learned Public Prosecutor has seriously opposed the prayer made by counsel for the petitioner and submitted that only one and final opportunity may be given to the petitioner for cross-examination of the complainant while imposing the cost. 4. Having regard to the overall facts and circumstances of the case; considering the submissions made by learned counsel for the parties and in the interest of justice, the petitioner is given one last opportunity to cross-examine the complainant subject to payment of cost to the complainant. 5. Accordingly, the instant criminal misc. petition is allowed and the impugned order dated 06.11.2024 rejecting the application of the petitioner under Section 311 Cr.P.C. is hereby quashed and set aside. The petitioner is granted one last opportunity to cross- examine the complainant subject to payment of cost of Rs.7,000/- to the complainant before the learned trial Court. The trial Court shall fix a date in the matter for the purpose of cross-examination of the complainant by the petitioner and shall summon the said witness accordingly. On that date, the petitioner shall make payment of cost to the complainant. 6. It is made clear that only one opportunity shall be given to the petitioner for the purpose of cross-examination of the said witness. In case, the petitioner does not make the payment of the [2025:RJ-JP:50855] (3 of 3) [CRLMP-7362/2025] cost to the complainant or fails to complete the cross-examination in one chance, as directed above, the present order shall lose its efficacy. 7. Stay application and pending application(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J MADAN/138